Billboards become testing ground for tobacco and alcohol ad bans

The competing interests of free speech and protection of minors clash prominently these days in the debate surrounding billboard advertising for tobacco and alcohol products.

Billboards are the primary battleground for fights over commercial free-speech rights in this country. Numerous cities—most prominently Chicago and New York—have recently enacted ordinances restricting the use of billboards for advertising tobacco and alcohol products.

City officials contend these measures are necessary to protect minors from using tobacco and alcohol. Commercial advertisers respond that the restrictions unduly hamper the free flow of truthful information about lawful products to adults.

Commercial associations have challenged the New York and Chicago restrictions in federal courts. The cases—Greater New York Metropolitan Food Council, Inc. and Advertising Freedom v. Giuliani and Federation of Advertising Industry Representatives, Inc. v. City of Chicago—could well determine the legal status of what can be pitched via billboards.

The genesis for this rapid increase in billboard regulations was a federal appeals court decision in late 1996 upholding a pair of Baltimore bans on alcohol and tobacco billboards within 1,000 feet of any school or playground (Anheuser-Busch, Inc. v. Schoke and Penn Advertising v. Schmoke).

Anti-tobacco advocates continue to emphasize the harm caused by the advertising of tobacco and alcohol. Judy Sopenski, executive director of Stop Teen-Age Addiction to Tobacco, said: “I believe in the First Amendment. But when it's used by wealthy corporations to target and recruit children, I draw the line.

“There is no First Amendment right to harm,” she said. “The tobacco industry is using the First Amendment as a disguise to addict our children. Tobacco advocates are simply trying to pull the wool over the public's eyes.”

“First of all, the First Amendment applies to wealthy corporations also,” Troy said. “Secondly, general ads that happen to be seen by children must be protected. Otherwise, nothing will be protected because children are in most areas.

“People who want to protect children against underage smoking should favor strict enforcement on the purchase and use of tobacco products by those underage, without trampling on First Amendment values,” he added.

Chicago and New York are not the only cities fighting tobacco and alcohol billboards. Similar restrictions have been enacted in Tacoma, Albany, N.Y., San Francisco, Oakland, and Compton, Calif., among others.

Even as restrictions surface nationwide, interested parties are carefully monitoring the pending litigation in Chicago and New York.

Commercial speech expert Richard Kaplar, vice president of The Media Institute, said: “Local governments around the country are watching New York and Chicago to see if those cities' recently enacted restrictions on billboard advertising can withstand federal court challenges.”

Kaplar says “it is difficult to imagine how either the New York or Chicago ordinance could survive scrutiny under recent Supreme Court jurisprudence. A commercial speech victory in either venue will likely slow the adoption of new bans. Moreover, it would set the stage, if upheld on appeal, for a Supreme Court challenge that would resolve the split with the Fourth Circuit. First Amendment advocates hope such an outcome would mean, at last, a clear-cut affirmation of commercial speech rights for alcohol and tobacco billboards.”

In the meantime, the struggle between free speech and protection of minors continues.

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THE EXPERTS

The First Amendment Center is an educational organization and cannot provide legal advice.

Ken Paulson is president of the First Amendment Center and dean of the College of Mass Communication at Middle Tennessee State University. He is also the former editor-in-chief of USA Today.

Gene Policinski, chief operating officer of the Newseum Institute, also is senior vice president of the First Amendment Center, a center of the institute. He is a veteran journalist whose career has included work in newspapers, radio, television and online.

John Seigenthaler founded the Newseum Institute’s First Amendment Center in 1991 with the mission of creating national discussion, dialogue and debate about First Amendment rights and values.

About The First Amendment Center

We support the First Amendment and build understanding of its core freedoms through education, information and entertainment.

The center serves as a forum for the study and exploration of free-expression issues, including freedom of speech, of the press and of religion, and the rights to assemble and to petition the government.

Founded by John Seigenthaler, the First Amendment Center is an operating program of the Freedom Forum and is associated with the Newseum and the Diversity Institute. The center has offices in the John Seigenthaler Center at Vanderbilt University in Nashville, Tenn., and at the Newseum in Washington, D.C.

The center’s website, www.firstamendmentcenter.org, is one of the most authoritative sources of news, information and commentary in the nation on First Amendment issues. It features daily updates on news about First Amendment-related developments, as well as detailed reports about U.S. Supreme Court cases involving the First Amendment, and commentary, analysis and special reports on free expression, press freedom and religious-liberty issues. Support the work of the First Amendment Center.

1 For All

1 for All is a national nonpartisan program designed to build understanding and support for First Amendment freedoms. 1 for All provides teaching materials to the nation’s schools, supports educational events on America’s campuses and reminds the public that the First Amendment serves everyone, regardless of faith, race, gender or political leanings. It is truly one amendment for all. Visit 1 for All at http://1forall.us/

Help tomorrow’s citizens find their voice: Teach the First Amendment

The most basic liberties guaranteed to Americans – embodied in the 45 words of the First Amendment to the U.S. Constitution – assure Americans a government that is responsible to its citizens and responsive to their wishes.

These 45 words are as alive and important today as they were more than 200 years ago. These liberties are neither liberal nor conservative, Democratic nor Republican – they are the basis for our representative democratic form of government.

We know from studies beginning in 1997 by the nonpartisan First Amendment Center, and from studies commissioned by the Knight Foundation and others, that few adult Americans or high school students can name the individual five freedoms that make up the First Amendment.

The lesson plans – drawn from materials prepared by the Newseum and the First Amendment Center – will draw young people into an exploration of how their freedoms began and how they operate in today’s world. Students will discuss just how far individual rights extend, examining rights in the school environment and public places. The lessons may be used in history and government, civics, language arts and journalism, art and debate classes. They may be used in sections or in their entirety. Many of these lesson plans indicate an overall goal, offer suggestions on how to teach the lesson and list additional resources and enrichment activities.

First Amendment Moot Court Competition

This site no longer is being updated … And the competition itself is moving to Washington, D.C., where the Newseum Institute’s First Amendment Center is co-sponsoring the “Seigenthaler-Sutherland Cup National First Amendment Moot Court Competition,” March 18-19, in partnership with the Columbus School of Law, of the Catholic University of America.

During the two-day competition in February, each team will participate in a minimum of four rounds, arguing a hypothetical based on a current First Amendment controversy before panels of accomplished jurists, legal scholars and attorneys.

FIRST AMENDMENT CENTER ARCHIVES

State of the First Amendment survey reports

The State of the First Amendment surveys, commissioned since 1997 by the First Amendment Center and Newseum, are a regular check on how Americans view their first freedoms of speech, press, assembly, religion and petition.

The periodic surveys examine public attitudes toward freedom of speech, press, religion and the rights of assembly and petition; and sample public opinion on contemporary issues involving those freedoms.
See the reports.